5 2. Grant the victim in Case No. 12,148 (Peter Benjamin) an effective remedy which includes a re-trial in accordance with the due process protections prescribed under Article 8 of the Convention or, where a re-trial in compliance with this protection is not possible, the victim’s release; 3. Adopt such legislative or other measures as may be necessary to ensure that the death penalty is imposed in compliance with the rights and freedoms guaranteed under the Convention, including and in particular Articles 4, 5 and 8; Adopt such legislative or other measures as may be necessary to ensure that 4. the right under Article 4(6) of the Convention to apply for amnesty, pardon or commutation of sentence is given effect in Trinidad and Tobago; 5. Adopt such legislative or other measures as may be necessary to ensure that the conditions of detention in which the victims in these cases are held comply with the standards of humane treatment mandated by Article 5 of the Convention; Adopt such legislative or other measures as may be necessary to ensure that 6. the right to trial within a reasonable time and to a fair trial under Articles 7(5) and 8(1) of the Convention is given effect in Trinidad and Tobago, including effective recourse to a competent court or tribunal for protection against acts that violate those rights; 7. Adopt such legislative or other measures as may be necessary to ensure that the right to a fair hearing under Article 8(1) of the Convention and the right to judicial protection under Article 25 of the Convention are given effect in Trinidad and Tobago, in relation to recourse to Constitutional Motions. 7) The State did not provide the Commission with any response or information on the measures taken to comply with its recommendations. 8) On October 4, 2000, the Inter-American Commission, pursuant to Article 51 of the American Convention, decided to submit the case to the Court. IV PROVISIONAL MEASURES3 9) On May 25, 1999, prior to the submission of the application, the Commission requested that the Court expand the provisional measures in the matter of James et al. to include in the said provisional measures Messrs. Peter Benjamin, Krishendath Seepersad, Allan Phillip, Narine Sooklal, and Amir Mowlah, among others4. The Commission considered that the circumstances were similar to those of the other inmates to whom the existing Order for provisional measures in Trinidad and Tobago applied, because the executions of these persons were imminent and they were therefore vulnerable to irreparable harm. 3 On May 22, 1998, the Inter-American Court of Human Rights received from the Inter-American Commission on Human Rights a request for provisional measures in the James et al. matter, related to five cases before the Commission which involved five death row inmates in Trinidad and Tobago. On June 14, 1998, during its XL Regular Period of Sessions, the Court issued the requested provisional measures. 4 The rest of the persons mentioned by the Commission in its request are not included in the application of the present case.